Madras High Court
Balakrishnan vs The Additional Chief Secretary To ... on 2 August, 2024
Author: M.S.Ramesh
Bench: M.S.Ramesh
H.C.P.No.1286 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM :
THE HONOURABLE MR. JUSTICE M.S.RAMESH
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
H.C.P.No.1286 of 2024
Balakrishnan .. Petitioner/
Uncle of detenu
Versus
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George, Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai, Vepery,
Chennai - 600 007.
3. The Superintendent,
Central Prison, Puzhal,
Chennai - 600 066.
4. State rep by,
The Inspector of Police,
D-3, ICE House Police Station,
Chennai.
Cr.No.97 of 2024 .. Respondents
Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution
of India praying for the issuance of a Writ of Habeas Corpus, calling for the
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1/8
H.C.P.No.1286 of 2024
records relating to the detention order passed by the 2nd respondent
pertaining to the order made in No.409/BCDFGISSSV/2024 dated
26.04.2024 in detain the detenue under 2(f) of Tamil Nadu Act of 1982 as a
GOONDA and quash the same and direct the respondent to produce the
detenue Neethiman, son of Thangaraj, Hindu, male, aged about 41 years,
who is detained at Central Prison, Puzhal at Chennai before this Court and
set him at liberty.
For Petitioner : Mr.Mohammed Aasif
For Respondents : Mr.A.Gokulakrishnan,
Additional Public Prosecutor
ORDER
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
The petitioner, who is the uncle of the detenu namely Neethiman,
S/o.Thangaraj, aged about 41 years, now confined at Central Prison, Puzhal,
Chennai, has come forward with this petition challenging the detention
order passed by the second respondent dated 26.04.2024 slapped on his
nephew, branding him as "Goonda" under the Tamil Nadu Prevention of
Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug
Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand
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Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982
[Tamil Nadu Act 14 of 1982].
2. Heard the learned counsel for the petitioner and the learned
Additional Public Prosecutor appearing for the respondents.
3. Though several grounds are raised in the petition, the learned
counsel for the petitioner focused mainly on the ground that there is an
unexplained delay in considering the undated representation of the
petitioner. According to the learned counsel for the petitioner, though the
representation is dated 13.05.2024, the same has been received by the
Government only on 16.05.2024; the file has been dealt with by the Deputy
Secretary on 21.05.2024 and the Minister concerned dealt with the file only
on 22.05.2024 and the Rejection Letter was prepared on 23.05.2024 and
sent to the detenu on 24.05.2024. It is the further submission of the learned
counsel that the delay of 3 days in considering the representation remains
unexplained and the same vitiates the detention order. In support of his
contention, the learned counsel for the petitioner relied on the judgment of
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the Hon'ble Supreme Court in Rajammal Vs. State of Tamil Nadu,
reported in (1999) 1 SCC 417.
4. As per the submission of the learned counsel for the petitioner and
on perusal of the records, we find that the representation of the petitioner
was received by the Government on 16.05.2024 and further, the Minister
concerned had dealt with the file of the detenu only on 22.05.2024 and the
Rejection Letter was sent to the detenu on 24.05.2024. Thus, we find there
is a considerable delay of 3 days in considering the representation of the
petitioner. This delay of 3 days in considering the petitioner's
representation remains unexplained.
5. It is trite law that the representation should be very expeditiously
considered and disposed of with a sense of urgency and without avoidable
delay. Any unexplained delay in the disposal of the representation would be
a breach of the constitutional imperative and it would render the continued
detention impermissible and illegal. From the records produced, we find
that no acceptable explanation has been offered for the delay of 3 days.
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Therefore, we have to hold that the delay has vitiated further detention of
the detenu.
6. In the judgment of the Hon'ble Supreme Court in Rajammal's case
(cited supra), it has been held as follows:
"It is a constitutional obligation of the Government
to consider the representation forwarded by the detenu
without any delay. Though no period is prescribed by
Article 22 of the Constitution for the decision to be taken
on the representation, the words "as soon as may be " in
clause (5) of Article 22 convey the message that the
representation should be considered and disposed of at
the earliest."
As per the dictum laid down by the Supreme Court in above cited
Rajammal's case, number of days of delay is immaterial and what is to be
considered is whether the delay caused has been properly explained by the
authorities concerned. But, here the inordinate delay of 3 days has not been
properly explained at all.
7. Further, in a recent decision in Ummu Sabeena vs. State of
Kerala-2011 STPL (Web) 999 SC, the Hon'ble Supreme Court has held that
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the history of personal liberty, as is well known, is a history of insistence on
procedural safeguards. The expression 'as soon as may be', in Article 22(5)
of the Constitution of India clearly shows the concern of the makers of the
Constitution that the representation, made on behalf of the detenu, should be
considered and disposed of with a sense of urgency and without any
avoidable delay.
8. In the light of the above discussion, we have no hesitation in
quashing the order of detention on the ground of delay on the part of the
Government in disposing of the representation of the petitioner.
9. Accordingly, the detention order passed by the second respondent,
in No.409/BCDFGISSSV/2024, dated 26.04.2024, is hereby set aside and
the Habeas Corpus Petition is allowed. The detenu viz., Neethiman,
S/o.Thangaraj, aged about 41 years, confined at Central Prison, Puzhal,
Chennai, is directed to be set at liberty forthwith unless he is required in
connection with any other case.
[M.S.R., J] [S.M., J]
02.08.2024
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Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
Note :- Registry shall forthwith return the booklet
containing the materials, on which, the
Detaining Authority has placed reliance,
to the petitioner/counsel for the petitioner
with due acknowledgment.
To
1. The Additional Chief Secretary to Government,
Home, Prohibition and Excise Department,
Fort St. George, Chennai - 600 009.
2. The Commissioner of Police,
Greater Chennai, Vepery,
Chennai - 600 007.
3. The Superintendent,
Central Prison, Puzhal,
Chennai - 600 066.
4. The Inspector of Police,
D-3, ICE House Police Station,
Chennai.
5. The Public Prosecutor,
High Court of Madras.
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M.S.RAMESH, J.
AND
SUNDER MOHAN, J.
grs
02.08.2024
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